from Part I - Territorial Pressures in Ireland and the United Kingdom
Published online by Cambridge University Press: 17 August 2021
In this chapter I explore how Irish unification may affect the attitude of the Irish courts towards minority rights adjudication. First I examine minority rights protection under the current Constitution of Ireland. I show that the Irish judiciary have not developed an understanding that their constitutional function includes a particular role in ensuring the rights of minorities specifically are protected against attack. I then consider how unification, and the incorporation into the Irish constitutional order of a large and politically significant minority - the Ulster Scots/Ulster British population of Northern Ireland – could affect judicial attitudes towards minority rights. I ground this analysis on comparative constitutional research, particularly of American and Canadian jurisprudence. In this, building on the contribution of Doyle, Kenny, and McCrudden in this volume, I also consider how maintaining consociationalism for what is presently Northern Ireland upon unification may also inform the judiciary’s understanding of their role in adjudicating upon minority rights claims.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.